- have served the organization for 2 years 15 days as zonal manager (senior-middle management)
- resigned on 1st Oct'10 and intimated in writing (hard copy) of the intention to serve 90 days notice period as " .....please accept this resignation letter as a formal notice......... as per my contract, I will be happy to continue to work during my notice period until 31st Dec 2010.......".
- received a letter from the HR on 4th Oct'10 in writing (hard copy) as follows " .....refer to your resignation letter dated ------- and accept the same with regret from the close of business hours of 31st Dec 2010.......".
- thus officiated entire oct'10, Nov'10.
- On 30th Nov, i was asked to handover all official charges which i had kept ready. I satisfactorily handed over charge and all office property that enabled me to officiate including laptop, car etc. and it was implied that i need not come from next day. So I handed over at 5.30 pm and left for the day. From next day I did not go to the office.
- On the same day (30th Nov'10) I wrote an email (have not sent the hard copy) at 10 am to the concerned authority from my official email id as follows: " I have been given to understand.........that I need to hand over the ................today (30th Nov'10). Since my last working day ............is 31st Dec'10, I understood that the above handing over of office property would be done on that day and after completion of my serving the notice period. I seek your guidance on the above as I am willing to serve the balance 31 days left of notice period..............". No reply to my e-mail reached me before close of working hours of that day or till today. my official id was blocked, i forwarded the same mail on 2nd Dec'10 from my personal ID). No reply.
- payment of salary to me during this period was as follows - oct'10 - full salary with all allowances received. nov'10 - only BASIC pay was received, although I served entire 30 days of nov'10. dec'10 - the company did not pay any salary saying I did not attend office.
- there is a big monetary diffrence between the amount due to me as per notice pay (including leave encashment, LTA, Medical etc.,) and what the company intends to disburse.
- They have chosen to exclude paying the allownaces for Nov'10, full pay of Dec'10 (although I was intending to serve the full term of notice pay), leave encashment of a little more than one month's salary, LTA and Medical (equivalent to 2 months salary) and miscellaneous allowances.
- the appointment letter read as follows - " ...........termination of services can be, without necessarily assigning any reason, by three months notice in writing on either side. the company will have the right to terminate the services by payment of three months basic salary only and no other allowances or perquisites in lieu of notice...................."
- Please advice me on the following -
- can i be denied the full pay for nov'10 inspite of attending office full time?
- how can I be denied Dec full pay when I intended to serve the balance 31 days left of my notice period?
- how can I be denied my dues of leave encashment, LTA and Medical allowance as per my service contract.
- please guide/assist me in redressal of the above case.
- what is the scope of merits of the case in my favor?
Regards.
